{"id":792,"date":"2019-03-30T09:27:09","date_gmt":"2019-03-30T08:27:09","guid":{"rendered":"https:\/\/www.nicolaskouprianoff.com\/?page_id=792"},"modified":"2020-12-04T14:32:08","modified_gmt":"2020-12-04T13:32:08","slug":"general-conditions-of-sale","status":"publish","type":"page","link":"https:\/\/www.nicolaskouprianoff.com\/en\/general-conditions-of-sale\/","title":{"rendered":"General Conditions of Sale"},"content":{"rendered":"\n\n  <div class=\"banner has-hover\" id=\"banner-1082700894\">\n          <div class=\"banner-inner fill\">\n        <div class=\"banner-bg fill\" >\n            <img loading=\"lazy\" decoding=\"async\" width=\"1400\" height=\"933\" src=\"https:\/\/www.nicolaskouprianoff.com\/wp-content\/uploads\/2019\/06\/Nicolas-Kouprianoff-Sky-New-York-IMG_1574.jpg\" class=\"bg attachment-original size-original\" alt=\"Sky New-York\" \/>                                    \n                    <\/div>\n\t\t\n        <div class=\"banner-layers container\">\n            <div class=\"fill banner-link\"><\/div>            \n\n   <div id=\"text-box-1214816727\" class=\"text-box banner-layer x50 md-x50 lg-x50 y50 md-y50 lg-y50 res-text\">\n                                <div class=\"text-box-content text dark text-shadow-2\">\n              \n              <div class=\"text-inner text-center\">\n                  \n\n<h3 class=\"uppercase\"><strong>GENERAL CONDITIONS<br \/> OF SALE<\/strong><\/h3>\n\n              <\/div>\n           <\/div>\n                            \n<style>\n#text-box-1214816727 {\n  width: 60%;\n}\n#text-box-1214816727 .text-box-content {\n  font-size: 100%;\n}\n<\/style>\n    <\/div>\n \n\n        <\/div>\n      <\/div>\n\n            \n<style>\n#banner-1082700894 {\n  padding-top: 200px;\n}\n#banner-1082700894 .banner-bg img {\n  object-position: 50% 50%;\n}\n@media (min-width:550px) {\n  #banner-1082700894 {\n    padding-top: 350px;\n  }\n}\n<\/style>\n  <\/div>\n\n\n<div class=\"row align-center\"  id=\"row-139311377\">\n\n\n\t<div id=\"col-249965298\" class=\"col small-12 large-12\"  >\n\t\t\t\t<div class=\"col-inner\"  >\n\t\t\t\n\t\t\t\n\n<div><b>Article 1\u00a0\u2013 Entire agreement<\/b><\/p>\n<p>1.1 These\u00a0General Terms and Conditions express the entirety of the parties\u2019 obligations.\u00a0The buyer is therefore deemed to accept them unreservedly. Consequently, we\u00a0recommend that you read them carefully as they determine the contractual\u00a0relationships relating to using the Website and the services offered on the\u00a0Website.<\/p>\n<p>1.2 The\u00a0seller and the buyer agree that their relationship is determined exclusively by\u00a0these General Terms and Conditions. The seller reserves the right to\u00a0occasionally\u00a0modify these General Terms and Conditions. The General Terms and\u00a0Conditions applicable to the buyer are those in force on the date of the\u00a0buyer\u2019s order.<\/p>\n<p>1.3 If a\u00a0condition of sale were found to be lacking, it would be determined by the\u00a0current practices in the online sales sector for companies whose head offices\u00a0are in\u00a0France.<\/p>\n<p>1.4 The\u00a0nullity of a contractual clause in these General Terms and Conditions of Sale\u00a0does not lead to the nullity of the General Terms and Conditions of Sale.<\/p>\n<p>1.5 The\u00a0temporary or permanent failure to apply one or more clauses of the General\u00a0Terms and Conditions by the seller does not constitute a waiver on his\/her part\u00a0of the\u00a0other clauses of the General Terms and Conditions, which remain in effect.<\/p>\n<p><b>Article 2\u00a0&#8211; Purpose<\/b><\/p>\n<p>2.1 The\u00a0purpose of these General Terms and Conditions is to define the rights and\u00a0obligations of the parties within the context of the online sale of goods and\u00a0services\u00a0offered by the seller to the buyer, who is a consumer, on the Website\u00a0www.nicolaskouprianoff.com. They constitute, along with the order form, the contractual\u00a0documents\u00a0enforceable against the parties, to the exclusion of all other\u00a0documents, prospectuses, catalogues or photographs of products, which are for\u00a0information purposes only.<\/p>\n<p>2.2 These\u00a0conditions concern purchases made by consumers located in France and abroad.<\/p>\n<p><b>Article 3\u00a0&#8211; Availability and enforceability<\/b><\/p>\n<p>3.1 The\u00a0General Terms and Conditions are available to consumers on the seller\u2019s website\u00a0where they can be read directly. The buyer acknowledges having had these\u00a0General Terms and Conditions and all the information listed in article L221-5\u00a0of the French Consumer Code communicated to him\/her prior to the placing of the\u00a0order and\u00a0the finalising of the contract in a clear and understandable manner.<\/p>\n<p>3.2 The\u00a0General Terms and Conditions are enforceable against the buyer who\u00a0acknowledges, having ticked the box provided for this purpose, having read and\u00a0accepted\u00a0them before placing the order.<\/p>\n<p>3.3\u00a0Confirming the order constitutes the buyer complying with the General Terms and\u00a0Conditions applicable on the day of the order, which can be kept and reproduced\u00a0in\u00a0accordance with article 1127-1 of the French Civil Code.<\/p>\n<p><b>Article 4\u00a0&#8211; Definition<\/b><\/p>\n<p>The terms\u00a0and expressions used in these General Terms and Conditions have the meaning\u00a0given below (whether they are used in the singular or the plural):<\/p>\n<p>\u00ab General\u00a0Terms and Conditions \u00bb : designates this document ,\u00a0<br \/>\u00abOrder \u00bb : designates the consumer ordering the purchase of one or several\u00a0Products via the form that can be used on the Website,\u00a0<br \/>\u00ab Website \u00bb : designates the website accessible at the address\u00a0www.nicolaskouprianoff.com<br \/>\u00ab Product \u00bb : designates a product offered for sale on the Website,\u00a0<br \/>\u00ab Buyer \u00bb : designates an adult natural person consumer who uses the Website\u00a0and acquires one or several Products, for personal reasons, through the Website\u00a0having\u00a0previously agreed to the General Terms and Conditions.<\/p>\n<p><b>Article 5\u00a0&#8211; The products<\/b><\/p>\n<p>5.1 The\u00a0Products sold by the seller on the Website are described by their main\u00a0characteristics on an individual product page. The photographs illustrating the\u00a0products are\u00a0non-contractual.<\/p>\n<p>The\u00a0Products are devised and designed by the seller. The manufacture of each item\u00a0is sub-contracted to the seller\u2019s suppliers, as it requires specific expertise\u00a0and\/or tools.<\/p>\n<p>5.2 The\u00a0seller endeavours to represent and reproduce the Products as faithfully as\u00a0possible in accordance with the photographic and publication procedures\u00a0available.\u00a0However, given the artisanal nature of the Products and the stages\u00a0involved in manufacturing them by hand, some variations may exist between the\u00a0description of the\u00a0Product and the Product itself, particularly concerning the\u00a0dimensions provided and certain colours that may vary, particularly for Products\u00a0composed of natural materials\u00a0such as wood.<\/p>\n<p>The seller\u00a0therefore cannot guarantee an exact likeness between the description of the\u00a0Product and the Product itself. If any errors or omissions may have occurred\u00a0regarding this presentation, the seller cannot be held liable.<\/p>\n<p>5.3 The\u00a0Products comply with the regulations of the French law in force at the time\u00a0they are put on the market.<\/p>\n<p>5.4 In\u00a0certain cases which are highlighted, the product has to be assembled by the\u00a0buyer.<\/p>\n<p>5.5 The\u00a0seller reserves the right to add, modify or delete Products on the Website. The\u00a0seller reserves the right to modify at any time a Product\u2019s material, finish,\u00a0form, and\u00a0the appearance more generally. The seller agrees to request the\u00a0Buyer\u2019s written agreement if it pertains to a Product for which an order is in\u00a0progress.<\/p>\n<p><b>Article 6\u00a0&#8211; The order<\/b><\/p>\n<p>6.1 The\u00a0buyer can place his\/her order online using the electronic catalogue and the\u00a0form therein. The sales offers presented on the website are valid, unless a\u00a0particular\u00a0duration is indicated, for as long as the products appear in the\u00a0electronic catalogue and subject to available stocks.<\/p>\n<p>6.2 So that\u00a0the order can be confirmed, the buyer must provide the information relating to\u00a0the delivery mode and method of payment. The buyer must also accept, by\u00a0clicking where indicated, these General Terms and Conditions.<\/p>\n<p>6.3 Before\u00a0confirming the order, the buyer can check the order details and the total\u00a0price. He\/she can return to the previous pages to correct any errors and\/or\u00a0modify the\u00a0order.<\/p>\n<p>6.4\u00a0Confirming the order constitutes the buyer\u2019s acceptance of the General Terms\u00a0and Conditions.<\/p>\n<p>6.5 An\u00a0email confirming receipt of the order and its payment is sent by the seller as\u00a0soon as possible.<\/p>\n<p>6.6 The\u00a0sale is considered definitive:<\/p>\n<p>&#8211; after the\u00a0seller sends the buyer confirmation of the order acceptance via email ;\u00a0<br \/>&#8211; and after the seller receives full payment of the price.<\/p>\n<p>6.7 In the\u00a0event that a Product ordered is unavailable, the buyer will be informed as soon\u00a0as possible. Cancellation of the order of the Product and any reimbursement\u00a0will\u00a0be carried out, the rest of the order remaining firm and definitive. Only\u00a0Products in perfect condition for resale, sent back in their entirety, in their\u00a0full and intact original\u00a0packaging will be taken back.<\/p>\n<p>6.8 Any\u00a0changes made to the order by the buyer after the order has been confirmed will\u00a0be subject to the seller\u2019s acceptance.<\/p>\n<p>6.9 In some\u00a0cases, particularly non-payment, a wrong address or other problem on the\u00a0buyer\u2019s behalf, the seller reserves the right to freeze the order until the\u00a0problem is\u00a0resolved.<\/p>\n<p>6.10 For\u00a0any questions relating to the tracking of an order, the buyer can contact the\u00a0seller at the contact page of the site.<\/p>\n<p><b>Article 7\u00a0&#8211; Electronic signature<br \/><\/b><br \/>7.1\u00a0Providing the buyer\u2019s credit card number online and the final validation of the\u00a0order will constitute proof of the buyer\u2019s agreement and will constitute:<\/p>\n<p>\u2014\u00a0requirement to pay the amount due in accordance with the order form,\u00a0<br \/>\u2014 signature and express agreement to all operations carried out.<\/p>\n<p>7.2 In the\u00a0event of fraudulent use of his\/her credit card, the buyer is asked to, as soon\u00a0as the fraudulent use is detected, contact the seller by email via the contact\u00a0page of the\u00a0site.<\/p>\n<p><b>Article 8\u00a0\u2013 Payment method and Payment security<\/b><\/p>\n<p>8.1 The\u00a0Website offers orders with an obligation to pay, which means that placing an\u00a0order requires payment from the buyer.<\/p>\n<p>The site\u00a0has a secure online payment system which means the consumer can encrypt the\u00a0transmission of his\/her bank details. All orders can be paid by credit card on\u00a0a\u00a0PayPal page. The seller does not have access under any circumstances to the\u00a0confidential payment information provided by the buyer. Only PayPal has access\u00a0to this\u00a0information which remains inaccessible to third parties, which is why\u00a0the buyer\u2019s bank details will be requested for each new order. However, the\u00a0security of information\u00a0and payments sent over the Internet or via email cannot\u00a0be guaranteed. The seller cannot be held responsible for damages resulting from\u00a0the use of electronic methods of\u00a0communication.<\/p>\n<p>The buyer\u00a0must have one of the following debit or credit cards: Carte Bleue\u00ae,\u00a0MasterCard\u00ae, VISA\u00ae or American Express\u00ae.<\/p>\n<p>8.2 When\u00a0the seller receives the payment confirmation, the seller begins processing the\u00a0order. The seller reserves the right to suspend any handling or delivery of the\u00a0order\u00a0in the event of the authorisation of the payment by credit card being\u00a0refused by officially accredited bodies, or in the event of non-payment. The\u00a0seller reserves the right to\u00a0refuse to deliver or honour an order from a buyer\u00a0who has not paid, in full or partially, a previous order or with whom a payment\u00a0dispute is in progress.<\/p>\n<p>8.3 In\u00a0order to verify the identity of the buyer, he\/she may be asked to send the\u00a0seller a copy of their ID and proof of address by fax. In that case the order\u00a0will only be\u00a0confirmed after the seller has received and verified the documents\u00a0sent.<\/p>\n<p>8.4 If\u00a0however the buyer does not want to use the proposed online payment systems, the\u00a0seller can agree to take orders directly, payable by cheque or bank transfer.\u00a0To do\u00a0so, the buyer must contact the seller on tue contact page. The order will only be confirmed by the seller after\u00a0actual receipt of the payment.<\/p>\n<p><b>Article 9\u00a0&#8211; Proof of the transaction<\/b><\/p>\n<p>Computerised\u00a0records, kept in the seller\u2019s IT systems in conditions of reasonable security,\u00a0will be considered proof of communications, orders and payments undertaken\u00a0between the parties. Archiving of the order forms and invoices is carried out\u00a0on a reliable, long-lasting medium which can be produced as proof.<\/p>\n<p><b>Article\u00a010 &#8211; Prices<\/b><\/p>\n<p>10.1 The\u00a0selling prices are indicated in euros all taxes included. They take into\u00a0account the VAT applicable on the day of the order and any change in the rate\u00a0applicable to\u00a0VAT will automatically be reflected in the price of the Products.\u00a0Prices do not include delivery charges, transport and any shipping costs\u00a0charged extra. The additional costs\u00a0are added on the summary page before final\u00a0confirmation of the order and are mentioned on the order confirmation page.<\/p>\n<p>The retail\u00a0prices given in euros exclude any possible customs charges or any other fiscal\u00a0or parafiscal taxes payable according to the legislature of the country of\u00a0delivery,\u00a0which remain payable by the buyer.<\/p>\n<p>The buyer\u00a0is asked to gather information from the relevant service in the country of\u00a0delivery for the goods before confirming his\/her order.<\/p>\n<p>10.2 The\u00a0full price is due as soon as the order is confirmed. The amount paid cannot\u00a0under any circumstances be considered to be an installment or deposit.<\/p>\n<p>10.3 If one\u00a0or more taxes or contributions, particularly environmental, were to be created\u00a0or modified, whether increased or decreased, this change may affect the retail\u00a0price of products.<\/p>\n<p>10.4 The\u00a0seller reserves the right to modify his\/her prices at any time, but agrees to\u00a0apply the prices provided when the order was placed, subject to the Product\u2019s\u00a0availability at that date.<\/p>\n<p><b>Article\u00a011 &#8211; Non-payment and retention of ownership<\/b><\/p>\n<p>Any amount\u00a0unpaid by the due date bears, without formal notice, interest at the legal\u00a0rate.<\/p>\n<p>The seller\u00a0remains the owner of the Products sold until the price has been paid in full.\u00a0If delivery has already taken place, the buyer agrees, until ownership has been\u00a0transferred to him\/her, to take all relevant measures towards conserving the\u00a0Products properly and to return to the seller any Product not fully paid for,\u00a0upon the seller\u2019s\u00a0request. In which case all expenses will be paid by the\u00a0buyer.<\/p>\n<p><b>Article\u00a012 \u2013 Delivery times<\/b><\/p>\n<p>12.1 Except\u00a0in the event of force majeure or during times when the online store is closed\u00a0which will be clearly announced on the site\u2019s homepage, the seller agrees to\u00a0respect the delivery times given on the Website for each Product.<\/p>\n<p>12.2 The\u00a0delivery time is 2 weeks (to be provided according to what is technically\u00a0possible) working days from the day after the buyer placed the order. PLEASE\u00a0NOTE:\u00a0the maximum delivery time is fixed at 6 weeks after the contract is\u00a0finalised in accordance with article L 216-1 of the French Consumer Code.<\/p>\n<p>12.3 In the\u00a0event that delivery of the Product is delayed, the buyer can, after having\u00a0unsuccessfully given the seller formal notice to fulfil his\/her obligation to\u00a0deliver within\u00a0a reasonable additional period, terminate the contract by\u00a0registered post. The seller cannot be held liable. As a consequence, the buyer\u00a0cannot claim damages of any kind.<\/p>\n<p>The\u00a0contract is considered terminated when the seller receives a letter informing\u00a0him\/her of the termination, unless the seller has complied in the meantime.<\/p>\n<p>12.4 Complete\u00a0lack of delivery will bring about the termination of the sales contract by\u00a0operation of law.<br \/>\u00a0<br \/><b>Article\u00a013 &#8211; Delivery conditions<\/b><\/p>\n<p>13.1 The\u00a0Products are delivered to the address given by the buyer on the order form. It\u00a0is up to the buyer to ensure this information is correct. Any parcels returned\u00a0to the\u00a0seller because of an error in the delivery address or an incomplete\u00a0delivery address will be sent again at the buyer\u2019s expense. The buyer can, upon\u00a0request, have an invoice\u00a0sent to the billing address and not the delivery\u00a0address, by confirming this option on the order form. No deliveries will be\u00a0made to camp sites, hotels, postes restantes or PO\u00a0boxes.<\/p>\n<p>13.2 It\u00a0should be noted that the delivery process will only be implemented after\u00a0payment confirmation from the seller\u2019s bank.<\/p>\n<p>13.3\u00a0Delivery is made by directly handing over the Product to the buyer or, failing\u00a0that, by the seller sending the buyer notice of availability. Buyers in Paris\u00a0who wish to\u00a0collect the Products ordered in person should send a request at the\u00a0contact page of the site. The buyer should collect the ordered Product within\u00a0two weeks from the date of\u00a0the notice of availability. If the Product is not\u00a0collected within the given time frame, the seller can, after having given the\u00a0buyer formal notice to collect the Product and if\u00a0this notice has had no\u00a0effect, terminate the order by operation of law.<\/p>\n<p>13.4 When\u00a0the Product is delivered by a haulier to the address given on the order form,\u00a0it is up to the buyer to check the condition of the delivered Product in the\u00a0haulier\u2019s\u00a0presence and, if applicable, write his\/her reservations accompanied\u00a0by his\/her signature on the delivery slip or transport receipt in order to\u00a0describe any anomalies (missing\u00a0Product, damaged parcel, broken Product, etc.),\u00a0or refuse the Product and inform the seller.<\/p>\n<p>The buyer\u00a0should then confirm his\/her reservations to the haulier by registered post at\u00a0the latest in the two working days following reception of the item(s) and send\u00a0a copy\u00a0of this letter by fax or post to the seller at the address given in the\u00a0website\u2019s legal notice.<\/p>\n<p>13.5 This\u00a0verification is considered to have been completed when the buyer, or a person\u00a0authorised by the buyer, has signed the delivery slip.<\/p>\n<p><b>Article\u00a014 \u2013 Delivery and transfer of risk<\/b><\/p>\n<p>14.1 The\u00a0risks of loss of or damage to the Products are transferred to the buyer when\u00a0he\/she takes, himself\/herself or via the intermediary of a third person he\/she\u00a0has\u00a0designated, physical possession of the Product.<\/p>\n<p>14.2 In\u00a0mainland France, the Products ordered are delivered by an independent haulier,\u00a0chosen by the seller according to the size and weight of the products ordered.\u00a0Under\u00a0these conditions and in accordance with article L216-4 of the French\u00a0Consumer Code, the Products travel at the seller\u2019s risk. However, if the buyer\u00a0entrusts the delivery of\u00a0the goods to a haulier other than the haulier\u00a0suggested by the professional, the risk of loss of or damage to the goods is\u00a0transferred to the buyer as soon as the goods are\u00a0handed over to the haulier.<\/p>\n<p>14.3 If the\u00a0buyer is absent the day of the delivery, the delivery person will leave a\u00a0delivery notice in the letterbox, which the buyer can use to collect the parcel\u00a0at the\u00a0location and within the time frame provided.<\/p>\n<p><b>Article\u00a015 \u2013 Transfer of ownership<\/b><\/p>\n<p>Ownership\u00a0of the Product is transferred to the buyer from the date of delivery, except in\u00a0the event that the complete payment of the price has not been received by the\u00a0seller.<\/p>\n<p><b>Article\u00a016 \u2013 Delivery errors<\/b><\/p>\n<p>16.1 The\u00a0buyer must express to the seller, on the day of the delivery or at the latest\u00a0the first working day following the delivery, any complaints of delivery\u00a0errors. Any\u00a0complaint expressed outside of this time frame will be rejected.<\/p>\n<p>16.2 The\u00a0complaint can be made by the buyer at the contact page of the site.<\/p>\n<p>16.3 Any\u00a0complaint not made following the rules defined above and within the given time\u00a0frame cannot be taken into account and absolves the seller of any liability\u00a0vis-\u00e0-vis the buyer.<\/p>\n<p>16.4 When\u00a0the complaint is received, the seller will allocate it an exchange number for\u00a0the product(s) concerned and will provide the buyer with the number by email.\u00a0The\u00a0exchange of a product can only occur after an exchange number has been\u00a0allocated.<\/p>\n<p>16.5 In the\u00a0event of a delivery or exchange error, any product to be exchanged or\u00a0reimbursed should be returned to the seller in its entirety and in its original\u00a0packaging, by\u00a0registered post (Colissimo Recommand\u00e9), to the following address:<\/p>\n<p>DONALD\u00a0SIMPSON<br \/>\u00c0 l\u2019attention Nicolas\u00a0Kouprinoff<br \/>62 rue de Rennes<br \/>75006 Paris<br \/>France<\/p>\n<p>The charges\u00a0for the return will be paid by the seller.<\/p>\n<p><b>Article 17\u00a0&#8211; Right of withdrawal<\/b><\/p>\n<p>17.1 In\u00a0accordance with the provisions of the French Consumer Code, the buyer has 14\u00a0working days from the date of receipt of the Product by the buyer or a third\u00a0party\u00a0designated by the buyer, other than the haulier, to withdraw.<\/p>\n<p>If several\u00a0goods have been ordered by the buyer and have been delivered separately, the\u00a0withdrawal period expires 14 days after the date of receipt of the last Product\u00a0by\u00a0the buyer or a third party designated by the buyer, other than the haulier.<\/p>\n<p>17.2 To\u00a0exercise his\/her right of withdrawal, the buyer must inform the seller of\u00a0his\/her decision to withdraw by sending, before the given period has expired,\u00a0the\u00a0withdrawal form provided at the end of this document or any other written\u00a0declaration, without ambiguity, expressing his\/her desire to withdraw.<\/p>\n<p>This\u00a0notification must include: the name, geographical address and, where available\u00a0the telephone number, fax number and email address of the buyer.<\/p>\n<p>17.3 In the\u00a0event of withdrawal, the buyer should return the Product he\/she does not want to\u00a0the following address:<\/p>\n<p>DONALD\u00a0SIMPSON<br \/>\u00c0 l\u2019attention Nicolas\u00a0Kouprinoff<br \/>62 rue de Rennes<br \/>75006 Paris<br \/>France<\/p>\n<p>The Product\u00a0should be returned as soon as possible and at the latest 14 days after the\u00a0buyer has informed the seller of his\/her decision to withdraw. This right of\u00a0withdrawal\u00a0is exercised without penalty, it being understood that the return\u00a0costs are paid by the buyer. In the event of an exchange, the cost of resending\u00a0will be paid for by the buyer.<\/p>\n<p>17.4 After\u00a0receiving the returned goods, the seller will reimburse the buyer for the\u00a0payments the seller has received, including delivery charges (within the limits\u00a0of\u00a0standard delivery charges) as soon as possible and at the latest 14 days\u00a0after the day the seller was informed of the buyer\u2019s decision to withdraw.<\/p>\n<p>The buyer\u00a0will be reimbursed by a credit to his\/her bank account.<\/p>\n<p>17.5 It\u00a0should be noted that in the event of a withdrawal after the Product has been\u00a0used, the buyer is held liable if a depreciation of the Product resulting from\u00a0handling and\u00a0use other than that strictly necessary to evaluate the nature,\u00a0features and proper functioning of this Product is observed by the seller. Only\u00a0Products in perfect condition for\u00a0resale, sent back in their entirety, in their\u00a0full and intact original packaging will be taken back. Any Product that may\u00a0have been damaged, or has original packaging that has\u00a0been damaged, will not be\u00a0reimbursed or exchanged.<\/p>\n<p><b>Article 18\u00a0&#8211; Force majeure<\/b><\/p>\n<p>18.1 Any\u00a0circumstances independent of the will of the parties preventing the execution\u00a0under normal conditions of their obligations are considered to be causes for\u00a0exemption from the obligations of the parties and results in their suspension.<\/p>\n<p>18.2 The\u00a0party who invokes the circumstances mentioned above must immediately inform the\u00a0other party of their occurrence, as well as their disappearance.<\/p>\n<p>18.3 Shall\u00a0be considered as force majeure are all facts or circumstances which are\u00a0unstoppable, external to the parties, unforeseeable, independent of the\u00a0parties\u2019 wishes and\u00a0which cannot be prevented by the parties, despite all\u00a0possible reasonable efforts. Are expressly considered events of force majeure\u00a0or unforeseen events, in addition to\u00a0those usually accepted by the\u00a0jurisprudence of French courts and tribunals: obstruction of means of transport\u00a0or supply, earthquakes, fires, storms, floods, lightning,\u00a0stoppage of\u00a0telecommunication networks or difficulties specific to telecommunication\u00a0networks beyond the customer\u2019s control.<\/p>\n<p>18.4 The\u00a0parties will come together to examine the repercussions of the event and agree\u00a0to the conditions under which the execution of the contract will proceed. If\u00a0the\u00a0duration of the force majeure event lasts longer than three months, these\u00a0General Terms and Conditions may be terminated by the wronged party.<\/p>\n<p><b>Article 19\u00a0&#8211; Non-waiver<\/b><\/p>\n<p>Failure of\u00a0the parties to act upon any breach by the other party of any of the obligations\u00a0mentioned in these General Terms and Conditions cannot be interpreted in the\u00a0future as a waiver of its right to invoke these Terms and Conditions<br \/>\u00a0<br \/><b>Article 20\u00a0&#8211; Intellectual property<\/b><\/p>\n<p>The Website\u00a0content (technical documents, drawings, photographs, videos,texts, etc.) are\u00a0the property of the seller and its partners, the only owners of the\u00a0intellectual\u00a0property rights over this content.<\/p>\n<p>The buyers\u00a0agree not to use this content. Any total or partial reproduction of the content\u00a0is strictly prohibited and is subject to prosecution.<\/p>\n<p><b>Article 21\u00a0&#8211; Data protection<br \/><\/b><br \/>The\u00a0personal information provided by the buyer is required for processing the order\u00a0and issuing invoices. It can only be communicated to partners of the seller who\u00a0deal\u00a0with the execution, processing, management and payment of orders.<\/p>\n<p>The\u00a0handling of information communicated via the Website www.nicolaskouprianoff.com was the\u00a0subject of a declaration made to the CNIL.<\/p>\n<p>The buyer\u00a0has the permanent right to access and the right to modify, rectify and oppose\u00a0information pertaining to him\/her. This right can be exercised under the\u00a0conditions\u00a0and according to the terms defined in the Website Legal Notice.<\/p>\n<p><b>Article 22\u00a0&#8211; Contract language<\/b><\/p>\n<p>These\u00a0General Terms and Conditions were written in French. In the event that they are\u00a0translated into one or more languages, only the French text shall be admissible\u00a0in the\u00a0event of a legal dispute.<br \/>\u00a0<br \/><b>Article 23\u00a0&#8211; Arbitration<\/b><\/p>\n<p>In\u00a0accordance with ruling n\u00b02015-1033 of 20 August 2015 relating to extrajudicial\u00a0settlements of consumer disputes which came into force on 1 January 2016, the\u00a0consumer has the right to use arbitration to resolve his\/her dispute by mutual\u00a0consent with the professional seller.<\/p>\n<p>23.1 In the\u00a0event of a dispute, a prior complaint is necessary. The buyer must contact the\u00a0seller as soon as possible at the contact page of the site.<\/p>\n<p>23.2 If the\u00a0complaint is not dealt with satisfactorily or if there is no response from the\u00a0seller within two months, the consumer can submit his\/her dispute with the\u00a0seller to\u00a0an arbitrator who will attempt, with complete independence and\u00a0impartially, to bring the parties together with a view to reaching an amicable\u00a0solution. This arbitrator will\u00a0be: the FEVAD (e-commerce and mail order\u00a0federation) e-commerce arbitration service www.mediateurfevad.fr<\/p>\n<p>The parties\u00a0remain free to accept or refuse the use of arbitration and to accept or refuse\u00a0the solution suggested by the arbitrator.<\/p>\n<p>Applicable\u00a0law and the court having jurisdiction<\/p>\n<p>These\u00a0General Terms and Conditions are subject to the application of French law,\u00a0excluding the provisions of the Vienna Convention. This is the case in both\u00a0form and\u00a0substance.<\/p>\n<p>In the\u00a0absence of an amicable agreement, the buyer can begin proceedings with the\u00a0French court having jurisdiction.<\/p>\n<p>***********************<\/p>\n<p>APPENDIX 1\u00a0&#8211; Provisions relating to legal warranties<\/p>\n<p>French\u00a0Consumer Code:<\/p>\n<p>Article\u00a0L217-4: The seller delivers goods that comply with the contract and is liable\u00a0for any lack of compliance that exists at the time of delivery.<\/p>\n<p>The seller\u00a0is also liable for any lack of compliance resulting from the packaging, the\u00a0assembly instructions or the installation when this has been placed under\u00a0his\/her\u00a0responsibility by the contract or has been carried out under his\/her\u00a0responsibility.<\/p>\n<p>Article\u00a0L217-5: The goods comply with the contract:<\/p>\n<p>1\u00b0 If it is\u00a0suitable for the usual expected use of a similar good and, if applicable:\u00a0<br \/>&#8211; if it corresponds to the description given by the seller and possesses the\u00a0qualities that the seller has presented to the buyer in the form of a sample or\u00a0model ;\u00a0<br \/>&#8211; if it presents the qualities that a buyer may legitimately expect in view of\u00a0the public declarations made by the seller, by the manufacturer or by his\/her\u00a0representative,\u00a0particularly in advertising or labelling ;<\/p>\n<p>2\u00b0 Or if it\u00a0presents characteristics defined by mutual agreement by the parties or is\u00a0suitable for any special use sought by the buyer, made known to the seller and\u00a0which the\u00a0seller has accepted.<\/p>\n<p>Article\u00a0L217-12: Action resulting from the lack of compliance lapses after two years\u00a0from the date of delivery of the goods.<\/p>\n<p>French\u00a0Civil Code:<\/p>\n<p>Article\u00a01641: The seller is bound to a warranty against hidden defects in the thing\u00a0sold that render it unfit for its intended use, or that so impair its use that\u00a0the buyer would\u00a0not have bought it, or would only have given a lesser price for\u00a0it if he\/she had known of the defects.<\/p>\n<p>Article\u00a01648: An action resulting from redhibitory defects must be brought by the buyer\u00a0within two years from the discovery of the vice.<\/p>\n<p>In the case\u00a0provided for in Article 1642-1, the buyer must bring the action, under pain of\u00a0being barred, within the year which follows the date on which the seller can be\u00a0discharged from apparent vices or wants of conformity.<\/p>\n<p>APPENDIX 2\u00a0&#8211; Withdrawal form<\/p>\n<p>Please only\u00a0fill in and send back this form if you want to withdraw from the contract.\u00a0<br \/>Addressed to the company DONALD SIMPSON, whose head office is situated at\u00a0<br \/>62 rue de Rennes 75006 Paris, France<\/p>\n<p>With this\u00a0form I am notifying you of my withdrawal from the contract relating to the sale\u00a0of the Product(s) below:\u00a0<br \/>Received on:\u00a0<br \/>Buyer\u2019s name:\u00a0<br \/>Buyer\u2019s address:\u00a0<br \/>Buyer\u2019s signature (except when sending via email):\u00a0<br \/>Date:<\/p>\n<\/div>\n\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\n\t\n\n<\/div>\n\t<div id=\"gap-1878000482\" class=\"gap-element clearfix\" style=\"display:block; height:auto;\">\n\t\t\n<style>\n#gap-1878000482 {\n  padding-top: 30px;\n}\n<\/style>\n\t<\/div>\n\t\n\n<div class=\"container section-title-container\" ><h3 class=\"section-title section-title-center\"><b aria-hidden=\"true\"><\/b><span class=\"section-title-main\" ><i class=\"icon-angle-down\" aria-hidden=\"true\"><\/i>Subscribe on Instagram<\/span><b aria-hidden=\"true\"><\/b><\/h3><\/div>\n\nAn error occurred while retrieving media\n\n\t<div id=\"gap-118276931\" class=\"gap-element clearfix\" style=\"display:block; 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